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Judgement Key Points

Based on the provided legal document, the key points are as follows:

1. The Supreme Court has emphasized that bail cannot be granted in sexual assault cases involving minors without thorough scrutiny of the charges and evidence, especially when the allegations are grave and involve serious offences such as gang rape, threats, and recording of the acts for blackmail purposes [p_11][p_12][p_13][p_14][p_15][p_16][p_17].

2. The Court found that the High Court erred in granting bail without adequately considering the gravity and seriousness of the charges, the prima facie evidence, and the potential risk to the victim, including intimidation and trauma post-bail [p_19][p_20][p_21][p_22][p_23][p_24].

3. The evidence, including victim statements, medico-legal reports, and other material, establish a prima facie case of repeated sexual assault, threatening with a firearm, and recording the acts, which are grave offences under the relevant laws [p_11][p_12][p_13].

4. The Court highlighted that the filing of a chargesheet does not automatically preclude bail, but the court must consider the nature of the offence, the evidence, and the likelihood of witness intimidation or tampering. Failure to do so constitutes a serious error [p_12][p_16].

5. The Court expressed concern over the post-bail conduct of the accused, including threatening and intimidating the victim, which underscores the risk of further harm and the need to prevent tampering with evidence or witnesses [p_11][p_51][p_52].

6. The order granting bail was found to be perverse, unreasonable, and contrary to legal principles governing serious offences against minors, necessitating its cancellation and the accused’s surrender to custody [p_11][p_56].

7. The Court reaffirmed that in cases involving sexual offences against minors, especially those with evidence of coercion, intimidation, and recording of acts, bail should be granted only with extreme caution, considering the potential impact on the victim and the integrity of the trial process [p_11][p_12][p_13][p_51].

8. The Court directed the accused to surrender within a specified period and emphasized the importance of expeditious trial proceedings, ensuring that the process is fair, sensitive, and not oppressive [p_56][p_60].

In summary, the Supreme Court underscored the necessity of careful judicial scrutiny in granting bail in serious sexual offence cases against minors, particularly when there is prima facie evidence of heinous acts, intimidation, or threats, and highlighted that errors in such considerations can lead to cancellation of bail orders to uphold justice and victim protection.

Judicial Analysis

None of the listed cases explicitly indicate that they have been overruled, reversed, or treated as bad law. Both cases discuss principles related to bail, but there is no language suggesting they have been invalidated or discredited by subsequent rulings.

Followed/Consistent Treatment:

The cases appear to be foundational or explanatory in nature, setting out principles regarding bail and its cancellation. They do not contain language indicating they have been overruled or criticized, suggesting they are likely still considered good law.

Both cases emphasize the importance of reasoning and contextual facts in bail decisions, which are standard principles that tend to be consistently upheld.

Uncertain Cases:

None. The treatment of these cases is fairly straightforward, and there is no indication from the provided text that their legal standing has been questioned or altered.

None. The information provided does not include any signs of overruled, reversed, or criticized treatment for these cases.

**Source :** Deepak Yadav VS State of U. P. - Supreme Court Bhagwan Singh VS Dilip Kumar @ Deepu @ Depak - Supreme Court DOLAT RAMS VS State Of Haryana - Supreme Court

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2026 Supreme(Online)(SC) 18

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
X – Appellant
Versus
THE STATE OF UTTAR PRADESH & ANOTHER – Respondent





Headnote: Read headnote

JUDGMENT

R. MAHADEVAN, J.

Leave granted.

2. The present criminal appeal has been filed challenging the final judgment and order dated 09.04.2025 passed by the High Court of Judicature at Allahabad, Hereinafter referred to as “the High Court” in Criminal Miscellaneous Bail Application No. 9829 of 2025, whereby the High Court granted bail to Respondent No. 2 – accused in connection with FIR No. 426/2024 registered with Police Station Kandhla, District Shamli, Uttar Pradesh for offences punishable under Sections 65(1), 74, 137(2) 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023, For short, “BNSS” and Sections 5(l), 6, 9(g) and 10 of the Protection of Children from Sexual Offences Act, 2012, For short, “POCSO Act”.

3. The case of the appellant as projected in this appeal is as follows:

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